"Zuykov & partners" LLC has achieved an early termination of legal protection for the trademark in favor of his client Shopping Center "Metropolis"
The limited liability company «Cubik» whose interests are represented by the lawyers of the company Zuykov & partners LLC, as the owner of the shopping mall «Metropolis»- one of the largest and most visited shopping malls in Moscow, frilled a lawsuit in the Court of intellectual property rights with a claim for early termination of legal protection of the trademark «METROPOLIS SUPER BINGO» under international registration No. 1060356 due to its non-use in respect of all services of 35, 36 classes of the International Classification of goods and services.
The plaintiff renders services in granting for rent of premises in its shopping mall for activities related to the implementation of clothes, shoes and other goods, conducting promotional activities aimed at raising awareness of outlets located in the shopping mall «Metropolis» and shopping mall as a whole, offering to shopping mall visitors services of registration card «Rocket-Metropolis», which provides discounts to cardholders in accordance with the loyalty program. Moreover, based on the legal nature of the legal relationship between the Bank and the holders of «Rocket-Metropolis», the funds in the account can be classified as a Deposit in a Bank that is subject to compulsory insurance in the Agency for Deposit insurance.
The Plaintiff applied for registration of trademarks «METROPOLIS», «МЕТРОПОЛИС» in respect of services 35, 36 classes of the International Classification of goods and services.
The trademark «METROPOLIS SUPER BINGO» belongs to the company metropolis S. K. Metropolis Group SRL (Romania) and registered, among other things, in respect of services like advertising, insurance; financial affairs; monetary operations; real estate operations.
Thus, the presence of the trademark «METROPOLIS SUPER BINGO» under international registration No. 1060356 in respect of the services of classes 35 and 36 of the International Classification of goods and services was an obstacle for registration of the plaintiff’s trademarks and for the exercise of economic activities with the use of these trademarks. Such presence also testified on the possibility of consumers’ false impression about the person being a service provider.
Lawyers of the company Zuykov & partners LLC introduced to the Court of intellectual property rights decisive evidences that the Plaintiff is an interested party in case of early termination of trademark with international registration No. 1060356.
The Court of intellectual property rights has made a conclusion on documentary confirmation of the plaintiff’s asserted claims on early termination of legal protection of a trademark under international registration No. 1060356.
Thus, lawyers of the company Zuykov & partners LLC effectively eliminated the obstacles for registration of a client’s trademark, creating conditions for the implementation of client’s successful business with the usage of applied for registration trademark with purpose of individualization of their services.